HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gordon Atkinson
Applicant
-and-
Three Degrees Restaurant Corporation and the TDL Group Corporation
Respondents
INTERIM DECISION
Adjudicator: Leslie Reaume
Indexed as: Atkinson v. Three Degrees Restaurant
APPEARANCES
Gordon Atkinson, Applicant ) Amanda Driscoll, ) Counsel
Three Degrees Restaurant Corporation and ) James Heeney, The TDL Group Corporation, Respondents ) Counsel
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The parties seek, on consent, the adjournment of the hearing scheduled for January 26 and 27, 2010.
2This Decision follows on the Interim Decision of the Tribunal dated January 5, 2011, 2011 HRTO 36, in relation to the previous Request for adjournment. That Request was denied. The respondent now advises the Tribunal that a witness will be unavailable on the hearing dates as a result of a death in his family.
3There is now an exceptional circumstance which warrants consideration. The hearing is scheduled to proceed on January 26 and 27, 2011. The applicant will present his case on January 26, 2011 and on January 27, 2011 if necessary. The matter will then be adjourned and a new date set to hear the respondent’s evidence.
4The parties are required to comply with the terms of the Tribunal’s Interim Decision dated January 5, 2011, as it relates to the production of witness statements and documents that were due on December 13, 2010. Any further Requests for Order filed by the respondent will be dealt with at the outset of the hearing and the parties shall be prepared to make argument on them at that time.
Dated at Toronto, this 12th day of January, 2011.
“Signed by “
Leslie Reaume
Vice-chair